Enviromental Lawsss
Enviromental Lawsss
Enviromental Lawsss
The word noise is derived from the Latin word ‘Nausea’, which means sickness in which one feels the
need to vomit. Noise is the unpleasant and undesirable sound which leads to discomfort in human
beings. The intensity of sound is measured in decibels (dB). The faintest sound that the human ear can
hear is 1 Db. Due to increasing noise around the civilizations, noise pollution has become a matter of
concern. Some of its major causes are vehicles, aircraft, industrial machines, loudspeakers, crackers, etc.
When used at high volume, some other appliances also contribute to noise pollution, like television,
transistor, radio, etc.
Transport Noise
It mainly consists of traffic noise which has increased in recent years with the increase in the number of
vehicles. The increase in noise pollution leads to deafening of older people, headache, hypertension, etc.
Neighbourhood Noise
The noise from gadgets, household utensils etc. Some of the main sources are musical instruments,
transistors, loudspeakers, etc.
Industrial Noise
It is the high-intensity sound which is caused by heavy industrial machines. According to many
researches, industrial noise pollution damages the hearing ability to around 20%.
Causing Public Nuisance: Creating noise is considered to be a public nuisance when you cause
any injury, danger or annoyance to the public . For example, if your neighbour plays a sound
system at midnight very loudly, then this is a public nuisance.
The punishment for such nuisance is a fine up to Rs. 200.2 If you continue to make noise even
after the Court directs you to stop the noise, the punishment is jail time up to 6 months along with
a fine.3.
Since noise pollution causes significant harm to the environment and surroundings, it is taken
seriously under the law. For example, if the construction noise of a building is making it hard for
you to live, then this is a form of noise pollution.
The punishment for this offence is jail time up to five years and/or a fine up to Rs. 1 Lakh.4
If the noise pollution continues, then you may be punished with an additional fine of Rs. 5000 for
every day the pollution happens. If the noise continues for more than a year despite orders to stop
it, then you may be punished with jail time up to 7 years.5
An Act to provide for the prevention and control of water pollution and the
maintaining or restoring of wholesomeness of water for the establishment, with a
view to carrying out the purposes aforesaid, of Boards for the prevention and control
of water pollution, for conferring on and assigning to such Boards powers and
functions relating thereto and for matters connected therewith.
This Act came into force on 23 March, 1974. It applies in the first instance to the
whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu
and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West
Bengal and the Union Territories; and it shall apply to such other State which adopts
this Act by resolution passed in that behalf under clause (1) of article 252 of the
Constitution.
It shall come into force at once in the States of Assam, Bihar, Gujarat, Haryana,
Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
Rajasthan, Tripura and West Bengal and in the Union Territories, and in any other
State which adopts this Act under clause (1) of article 252 of the Constitution on the
date of such adoption and any reference in this Act to the commencement of this Act
shall, in relation to any State or Union Territory, means the date on which thiscomes into force in such
State or Union Territory.
The Water Act was enacted by Parliament Act, 1974 purpose to provide for the
prevention of control of water pollution and the maintaining or restoring of
wholesomeness of water. The Act was amended in the years 1978 and 1988.
These are total 8 chapters and 64 Sections. Water pollution is defined as ‘such
contamination of water, or such alteration of physical, chemical or biological
properties of water, or such discharge as is likely to cause a nuisance or render the
water harmful or injurious to public health and safety or harmful for any other use or
to aquatic plants and other organism or animal life’. As one day, it is applicable in all
the states of India. The relevant provisions of this and are given as below:
1. Subject to the provisions of this Act, the main function of the Central Board shall
be to promote cleanliness of streams and wells in different areas of the States
2. In particular and without prejudice to the generality of the foregoing function, the
Central Board may perform all or any of the following functions, namely.
(a) Advise the Central Government on any matter concerning the prevention and
control of water pollution;
(b) Coordinate the activities of the State Boards and resolve disputes among them;
(c) Provide technical assistance and guidance to the State Boards, carry out and
sponsor investigations and research relating to problems of water pollution and
prevention, control or abatement of water pollution;
(d) Plan and organise the training of persons engaged or to be engaged in programs
for the prevention, control or abatement of water pollution on such terms and
conditions as the Central Board may specify;
(f) Collect, compile and publish technical and statistical data relating to water
pollution and the measures devised for its effective prevention and control and
prepare manuals, codes or guides relating to treatment and disposal of sewage and
trade effluents and disseminate information connected therewith;
(g) Lay down, modify or annul, in consultation with the State Government concerned,
the standards for a stream or well: Provided that different standards may be laid
down for the same stream or well or for different streams or wells, having regard to
the quality of water, flow characteristics of the stream or well and the nature of the
use of the water in such stream or well or streams or wells;
(h) Plan and cause to be executed a nation-wide programme for the prevention,
control or abatement of water pollution;
(b) To advise the State Government on any matter concerning the prevention,
control or abatement of water pollution;
(c) To collect and disseminate information relating to water pollution and the
prevention, control or abatement thereof;
(e) To collaborate with the Central Board in organising the training of persons
engaged or to be engaged in programmes relating to prevention, control or
abatement of water pollution and to organise mass education programmes relating
thereto;
(f) To inspect sewage or trade effluents, works and plants for the treatment or
sewage and trade effluents and to review plans, specifications or other data relating
to plants set up for the treatment of water, works for the purification thereof and the
system for the disposal of sewage or trade effluents or in connection with the grant of
any consent as required by this Act;
(g) Tay down, modify or annul effluent standards for the sewage and trade effluents
and for the quality of receiving waters (not being water in an inter-State stream)
resulting from the discharge of effluents and to classify waters of the State;
(h) To evolve economical and reliable methods of treatment of sewage and trade
effluents, having regard to the peculiar conditions of soils, climate and water
resources of different regions and more specially the prevailing flow characteristics
of water in streams and wells which render it impossible to attain even the minimum
degree of dilution;
(j) To evolve efficient methods of disposal of sewage and trade effluents on land, as
are necessary on account of the pre-dominant conditions of scant stream flows that
do not provide for major part of the year the minimum degree of dilution;
(m) To lay down effluent standards to be complied with by persons while causing
discharge of sewage or sullage or both and to lay down, modify or annul effluent
standards for the sewage and trade effluents;
(n) To advice the State Government with respect to the location of any industry the
carrying on of which is likely to pollute a stream or well;
(o) To perform such other functions as may be prescribed or as may, from time-totime be entrusted to it
by the Central Board or the State Government.
(a) The Central Board shall be bound by such directions in writing the Central
Government may give to it; and
(b) Every State Board shall be bound by such directions in writing as the Central
Government or the State Government may give to it:
(a) Establish or take any step to establish any industry, operation or process or any
treatment and disposal system for any extension or addition thereto, which is likely to
discharge sewage or trade effluent into a stream or well or sewer or on land or
(b) Bring into use any new or altered outlet for the discharge of sewage or
(c) Begin to make any new discharge of sewage.
Under this Section the state board may grant consent to the industry after satisfying
itself on pollution control measures taken by the unit or refuse such consent for
reasons to be recorded in writing.
Under Section 45 A:
Whoever contravenes any of the provisions of this act or fails to comply with any
order or direction given under this act, for which no penalty has been elsewhere
provided in this Act, shall be punishable with imprisonment which may extend to
three months or with fine which may extend to ten thousand rupees or with both.
The Air Prevention and Control of Pollution Act 1981 is an Act of the Parliament of India. It was enacted
to prevent and control air pollution in the country. The Act established the Central Pollution Control
Board (CPCB) and State Pollution Control Boards (SPCBs). The CPCB and SPCBs work to implement
the provisions of the Act. The Act also prohibits the emission of air pollutants from various sources.
Advise the Central Government on any matter concerning the improvement of the quality of air
and the prevention, control, or abatement of air pollution;
Plan and cause to be executed a nationwide programme for the prevention, control, or abatement
of air pollution;
Co-ordinate the activities of the State and resolve disputes among them;
Provide technical assistance and guidance to the State Boards. Carry out and sponsor
investigations and research relating to problems of air pollution and prevention, control, or
abatement of air pollution;
Plan and organise the training of persons engaged or to be engaged in programmes for the
prevention, control, or abatement of air pollution on such terms and conditions as the Central
Board may specify;
Organise through mass media a comprehensive programme regarding the prevention, control, or
abatement of air pollution;
Collect, compile, and publish technical and statistical data relating to air pollution and the
measures devised for its effective prevention, control, or abatement and prepare manuals, codes,
or guides relating to the prevention, control, or reduction of air pollution;
Lay down standards for air quality; (i) collect and disseminate information regarding matters
relating to air pollution.
The Central Board may establish or recognise a laboratory to enable it to perform its functions
under this section efficiently.
The central may delegate any of its functions under this Act generally or especially to any of the
committees appointed by it.
Important Sections under the Air Prevention and Control of Pollution Act 1981
Section 2(a) defines an “air pollutant” as any solid, liquid, or gaseous substance present in the atmosphere
in such concentration as may be or tend to be injurious to human beings or other living creatures or plants
or property or environment.
Section 2 (b) defines “air pollution” as the presence in the atmosphere of any air pollutant.
Section 2(g) set up the Central Pollution Control Board (CPCB), whose powers extended to India. To
carry out the directives of the CPCB, the act also called for the setting up of the State Pollution Control
Board (SPCB) for the individual states of India.
Crime: Engaging in activities that are harmful to the health and physical comfort of the
community.
Law: Operating industries and other processes that release air pollutants causing harmful health issues as
well as discomfort to the people is an offence. This includes any conduct of any such trade or business
that is harmful and causes imminent danger to the health of the people and threatens their physical
discomfort.
Punishment: A Magistrate can pass an order 15 for removal of a nuisance to stop such activitie
Article 48A of the Constitution of India directs the State to protect and improve the environment and
safeguard wildlife and forests. This article was added to the Constitution by the 42nd Amendment in
1976.
Article 51A imposes certain fundamental duties for the people of India. One of them is to protect and
improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for
living creatures.
Prohibition of Animal Hunting: Animal Wildlife hunting is banned. Wildlife hunting is prohibited as described in
the appendix. However, there are other exceptions. The State government may order the killing or injury of any
animal in good faith for its own protection or to protect or save again. Any animal that was killed or injured was not
a crime and shall be of government purpose. The government may allow some animals to be killed for educational
purposes.
Prohibition of Cutting/Uprooting Specified Plants: By notification, the State government can declare any area of
forest or lake as a sanctuary if it is considered a suitable place for wildlife conservation and conservation. It follows
the prohibition of Cutting/Uprooting Specified Plants.
National Parks: By notification, the State government may state, whether the subject of the sanctuary or not,
should, for environmental reasons or other reasons, be established as a part of the national park for the purpose of
protection, propagation or development of wildlife.
Recognition of zoos:
No shelter should be operated without the knowledge of the authorities. The animal shelter shall not be provided if
the authority, for the sake of animal protection and conservation and the principles, norms and other factors that may
be listed, is satisfied that such support may be provided. The authority must own or transfer any notification of the
wildlife described in this law by prior authorization. It is forbidden to mock, molest, injure or feed animals or disturb
animals by noise, or anything else or throw rubbish on the ground.
Prohibition of Hunting: All wildlife, animals, and trophies will be the property of the state government. No one has
the right to hunt wild animals. No one, without the prior written permission of the Chief Wildlife Warden or the
Authorised Officer, owns, possesses, or controls, or submits to, any person, or by gift, sale or otherwise, or by
destruction or damage. The sale of trophies and unlicensed animals is prohibited.
Government Property: Anyone authorised under this Act has the right to enter, inspect, detain and occupy any
building. He can stop a car or a vessel. He has the right to enter any premises. Furthermore, he can hold any captive
animal—wild animal, animal, animal, trophy or untreated trophy or any specified plant or part of its system.
Penalties: (Section 51 of the Wildlife Protection Act): If the offences committed in connection with the animal
described in Schedule-I or Part-II of Schedule-II where the offence was related to hunting in the sanctuary or a
national park or exchange in the territory of a sanctuary or a national park, such an offence shall be punishable by
imprisonment not less than three years but up to seven years and a fine not exceeding ten thousand rupees.
There are two types of protected areas as provided under the Act. They are described below.
1. Sanctuaries: “Sanctuary is a place of refuge where injured, abandoned, and abused wildlife is
allowed to live in peace in their natural environment without any human intervention.”
1. They are naturally-occurring areas where endangered species are protected from poaching,
hunting, and predation.
2. Here, animals are not bred for commercial exploitation.
3. The species are protected from any sort of disturbance.
4. Animals are not allowed to be captured or killed inside the sanctuaries.
5. A wildlife sanctuary is declared by the State government by a Notification. Boundaries can be
altered by a Resolution of the State Legislature.
6. Human activities such as timber harvesting, collecting minor forest products, and private
ownership rights are permitted as long as they do not interfere with the animals’ well-
being. Limited human activity is permitted.
7. They are open to the general public. But people are not allowed unescorted. There are restrictions
as to who can enter and/or reside within the limits of the sanctuary. Only public servants (and
his/her family), persons who own immovable property inside, etc. are allowed. People using the
highways which pass through sanctuaries are also allowed inside.
8. Boundaries of sanctuaries are not generally fixed and defined.
9. Biologists and researchers are permitted inside so that they can study the area and its inhabitants.
10. The Chief Wildlife Warden (who is the authority to control, manage and maintain all
sanctuaries) may grant permission to persons for entry or residence in the sanctuary for the study
of wildlife, scientific research, photography, the transaction of any lawful business with persons
residing inside, and tourism.
11. Sanctuaries can be upgraded to the status of a ‘National Park’.
12. Examples: Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat); Vedanthangal Bird Sanctuary in
Tamil Nadu (oldest bird sanctuary in India); Dandeli Wildlife Sanctuary (Karnataka).
2. National Parks: “National Parks are the areas that are set by the government to conserve the
natural environment.”
With this vision, the Prevention of Cruelty Act, 1960 was passed; purporting to punish severely the
persons indulging in cruelty against the animals, the establishment of an animal welfare board, identifying
the acts amounting to cruelty against the animals, etc.
An act to prevent the infliction of unnecessary pain or suffering on animals as well as to prevent of
cruelty to animals, it simply means that this act summarizes all the acts of unnecessary pain or act of
cruelty and ensures punishment for those who are indulged in such activities.